Paying for Child Related Costs During an Uncontested Divorce

Clients often ask me as an experienced New York Divorce Attorney, whether it is always important to move immediately from an agreement to a divorce, and the answer is no. Two issues – health insurance and income tax filing – impact that decision. In the case of health insurance, once the judgment of divorce is rendered, the family health insurance policy can no longer be maintained. Often, one spouse and the couple’s children remains on the existing plan – at the same cost – after divorce, but the other spouse must obtain another plan. Sometimes, because obtaining that other plan can be very expensive, the parties agree to stay legally separated, but not divorced, for a period of time so that both can utilize the same health insurance plan.

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If the parties elect to do that, it is important to explore their tax filing options because the tax filing status, “married, filing separately” is higher than “married, filing jointly.” Both parties – or, perhaps only the party for whom tax status makes the bigger difference – may be entitled to claim eligibility for head of household filing, making their filing status a non-issue. If insurance and tax issues can be resolved to the satisfaction of both parties, it may be a good idea not to run straight to the courthouse to obtain the final judgment of divorce.

Are you wondering how you and your spouse should handle child support during an uncontested divorce?  Contact experienced New York Divorce Attorney Jean Mahserjian for guidance.

This educational legal blog was brought to you by Jean Mahserjian, an experienced New York Divorce Attorney located in Saratoga County.  Our law office has been helping residents with uncontested divorce options for over 25 years.